Taken for granted, overlooked and generally not read very
carefully are provisions ensconced with the moniker
"miscellaneous." I would argue that while they are viewed
as the "second fiddle" of legal provisions contained in
many documents, they are actually the "first string" in
terms of importance. While many provisions in legal documents can
trace their lineage to case law and decisions of note, the
miscellaneous provisions in documents are all derived from years
and years of case law and precedent and should be afforded the care
and precision they deserve.
So, what provisions fall into this cauldron of miscellany?
Let's discuss a few of them as this piece is not intended to be
the War and Peace of legal prose. No waiver, entire agreement or
integration provision and no modification unless in writing
provisions shall be the topic of this article.
